Daniel Posker

Special Counsel
Norton Rose Fulbright Australia

Daniel Posker

Daniel Posker

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Biography

Daniel Posker is an intellectual property disputes lawyer based in Sydney and Melbourne with over 15 years of intellectual property experience at leading global and boutique law firms in Australia and in the UK. 

Dan is experienced in all major forms of intellectual property and related rights. He acts for clients in multi-jurisdiction, high stakes and technically complex patent litigations such as the Australian iteration of Gilead v Idenix concerning Gilead's "game changer" Hepatitis C antivirals and offensive and defensive actions for HTC during the "smart phone wars" in the UK and Europe. Dan also acts in trade mark, copyright, Australian Consumer Law and trade secret disputes and often advises in relation to misleading or deceptive advertising, product launch disruption, ambush and comparative advertising, unconscionable conduct and the development and enforcement of brand protection strategies.

Dan regularly assists clients working alongside or adverse to a variety of government and industry regulators including the Australian Competition & Consumer Commission (ACCC) (consumer law and related trade practices), the Australian Securities & Investments Commission (ASIC) (consumer-facing financial products and services subject to s12DA of the ASIC Act), the Australian Transaction Reports & Analysis Centre (AUSTRAC), the Australian Border Force (ABF) (brand protection & customs seizures), the Therapeutic Goods Administration (TGA) (therapeutic goods regulation and advertising), and Medicines Australia (therapeutic goods advertising disputes).

Dan has a busy pro bono practice and has advised a wide variety of clients including several prominent authors, Indigenous leaders and artists, the Art Gallery of New South Wales, a former Archibald prize winner, and the Arts Law Centre (for which he received a pro bono award in 2010). In addition, Dan regularly contributes to research and working groups on a number of topics including investigating potential legal protection for indigenous traditional knowledge in Australia. In 2015, Dan completed a Jawun secondment in Kununurra, Western Australia, working with various stakeholders including local and national indigenous organisations and the Western Australian and Commonwealth governments.


Professional experience

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  • Bachelor of Laws (First class honours), University of Technology Sydney (2006)
  • Bachelor of Science (Biotechnology), University of Technology Sydney (2006)
  • Supreme Court of New South Wales 2006
  • High Court of Australia 2008
  • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018) – Acted for Bank of Queensland in the opening phases of the Royal Commission leading evidence and submission teams on a variety of topics including consumer-facing mortgage and insurance products.
  • Sanofi-Aventis v Alphapharm (Mylan) [2018] FCA 1426 – Obtained a broadly significant decision limiting the scope of documents that generic challengers can obtain by way of a notice to produce in the context of a preliminary injunction application.
  • AUSTRAC v Tabcorp Limited – Australia's first AML/CTF prosecution under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) brought by the Australian Transaction Reports & Analysis Centre (AUSTRAC) in the Federal Court of Australia.
  • Gilead v Idenix (2016) 117 IPR 252; Idenix v Gilead (2017) 134 IPR 1 – patent revocation and infringement proceedings to "clear the path" for Gilead's SOVALDI (sofosbuvir) & HARVONI (ledipasvir/sofosbuvir) treatments for HCV infection. Idenix unsuccessfully appealed to the Full Court and its special leave application to the High Court of Australia was refused.
  • HAVAIANAS brand protection strategy – Acted for the Brazilian owners of the HAVAIANAS brand over a number of years against importers and sellers of grey and counterfeit goods in Australia including commencing copyright infringement proceedings in the Federal Court of Australia in relation to goods seized at the border by the Australian Border Force.
  • S3 Graphics v Apple Inc (2012) – Coordinated the European phase of HTC's S3 Graphics (offensive) patent actions, including commencing multiple actions in German patent courts and obtaining a discovery order in the US District Court (ND Cal) under USC 1782 (US discovery in aid of foreign proceedings).
  • GlaxoSmithKline v Coca-Cola Enterprises (2011) – Urgent interim injunction application in the English High Court of Justice concerning trade mark and copyright infringement and passing off by POWERADE ENERGY of LUCOZADE ENERGY.
  • Boehringer Ingelheim v Freeman – Supreme Court of Queensland confidential information/trade secret proceedings concerning equitable rights in plant genetic information. 
  • Governmental Use of Patented Inventions during a Pandemic: A Global Survey (AU section), O'Brien J, D Posker, V Zhang, 16 April 2020
  • IP Rights Reform Is Price to Pay for Revamped Trans - Pacific Partnership Agreement, April 2018
  • Productivity Commission's Draft Report on Intellectual Property: Implications for the Pharmaceutical Industry, Macpherson H, Posker D, Vandervliet A, Matthews B
  • TPP impact: pharma - Australian perspective, Posker D, 4 December 2015
  • TPP impact: pharmaceutical - global perspective, Posker D, 4 December 2015
  • Appropriation Art: an overview of copyright and consumer protection for artists, Posker D & Patience C, Arts Law Magazine, Issue 2 June 2010
  • Fair dealing friends, Gilchrist S, Posker D & Wong S, Copyright World, April 2010
  • Plant breeders' rights: summary of the legal enforcement recommendations in ACIP's final report, Cherry J, Posker D, 4 February 2010
  • Misleading brands, S Gilchrist & D Posker, Australian Intellectual Property Law Bulletin, Vol 20(2), June 2007
  • Biosimilars – Market Entry and Litigation Strategies, Pharmaceutical Law, Reform & Regulation conference, 2016
  • Genes, patents and ethics, University of Technology, Sydney, Guest Lecturer, 2009
     
  • Intellectual Property Society of Australia & New Zealand (IPSANZ).